Matthews et al v. Las Vegas Metropolitan Police Department

Filing 42

ORDER granting 41 Stipulation to Withdraw 12 Motion to Dismiss and Vacate Motion Hearing. Signed by Judge Richard F. Boulware, II on 1/17/2019. (Copies have been distributed pursuant to the NEF - MMM)

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LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
KAEMPFER CROWELL
1980 Festival Plaza Drive, Suite 650
Las Vegas, Nevada 89135
Telephone: [phone]
Fax:
[phone]
[e-mail]
[e-mail]
Attorneys for Defendant
Las Vegas Metropolitan Police Department

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JAMES IIAMS, individually and AMANDA
MATTHEWS, individually,

CASE NO.:

2:18-cv-00231-RFB-CWH

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Plaintiffs,
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vs.

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LAS VEGAS METROPOLITAN POLICE
DEPARTMENT, a political subdivision of the
State of Nevada; SERGEANT JUSTIN
BRYERS; OFFICER RICHARD NELSON;
OFFICER JONATHAN CARRINGTON;
OFFICER LUKAS FERRIS; and DOE
OFFICERS I-XX,

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STIPULATION TO WITHDRAW
LVMPD’S MOTION TO DISMISS AND
VACATE THE HEARING

Defendants.

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8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

Defendant Las Vegas Metropolitan Police Department (“LVMPD”), by and through its

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KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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counsel, Lyssa Anderson, Esq., of the law firm of Kaempfer Crowell, and James Iiams and

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Amanda Matthews (“Plaintiffs”), by and through their counsel, Jared Richards, Esq. of Clear

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Counsel Law Group hereby stipulate and agree that LVMPD will withdraw its motion to dismiss

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(ECF No. 12) and that the hearing on the motion scheduled for January 22, 2019 at 2:00 pm be

2273651_1.doc 6943.146

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vacated. LVMPD reserves the right however, to advance the same arguments in any future

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dispositive motions should those arguments be relevant.

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LVMPD’s motion to dismiss was based on LVMPD’s argument that the complaint did

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not allege sufficient facts to state a Monell claim and that the allegations were conclusory. Since

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filing the motion, the parties have engaged in extensive discovery. Given that discovery is almost

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completed (the current discovery deadline is February 1, 2019), the parties no longer believe a

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hearing on the motion would be an efficient use of the Court’s or parties’ time and resources.

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Any arguments LVMPD made in the motion to dismiss may be advanced again—if necessary—

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in a future dispositive motion.
DATED this 17th day of January, 2019.

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KAEMPFER CROWELL

CLEAR COUNSEL LAW GROUP

By:

By:

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/s/ Lyssa S. Anderson

LYSSA S. ANDERSON
Nevada Bar No. 5781
RYAN W. DANIELS
Nevada Bar No. 13094
1980 Festival Plaza Drive
Suite 650
Las Vegas, Nevada 89135
Attorneys for Defendant

/s/ Jared Richards
Jared Richards, Esq.
Nevada Bar No. 11254
1671 W. Horizon Ridge Pkwy, Ste. 200
Henderson, NV 89102
Attorneys for Plaintiffs

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ORDER
IT IS SO ORDERED.

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8345 West Sunset Road
Suite 250
Las Vegas, Nevada 89113

KAEMPFER CROWELL RENSHAW
GRONAUER & FIORENTINO

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RICHARD F. BOULWARE, II
United States District Judge
DATE: January 17, 2019

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2273651_1.doc 6943.146

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